I can't yet let go of the "torture memos," and I'll be posting more commentary on the legal and ethical problems that Jay Bybee, John Yoo, and others face for trying to justify the unjustifiable.

But I'm also bothered by what I can only call "torture denial."  People who are saying that it wasn't really that painful, the standards were vague, some lawyers said it was okay, we had good reasons, it was effective, other countries do even worse, etc.

And so I'm going to want to address the justifications, rationalizations, and denials.

But for now I have a simple question:  Does it work both ways?

Is it okay for Al Qaeda to waterboard our soldiers until they vomit?  Is it okay for our sons and daughters to be kept awake for up to 10 days by bright lights and loud noises, while they are so cold that they shiver uncontrollably and their very bones ache from the cold?  Is it okay to spit on the Bible?  Do we have any problem with Americans being shackled in positions that eventually cause them to scream in pain?

Do we accept the principle that our enemies can apply pain to our friends and keep applying increasing amounts of pain until our friends break and are willing to say whatever our enemies want them to say?

Because that is what "harsh interrogation" (and "torture") means.  You apply pressure and stress and pain until the subject does what you want.  If that is acceptable for us, is it also acceptable for Al Qaeda and Iran and North Korea and anyone else in the world?

Saying "We're the good guys" isn't good enough.  It's not enough to talk the talk.  We also have to walk the walk.

Are we willing to accept a "level playing field" for pain and suffering, and allow our enemies the same liberties that we have allowed ourselves?

The following is the text of the letter I have sent to my Representative in Congress, asking that a impeachment investigation of federal judge Jay Bybee should begin:

I am a registered voter in your district, and I am writing to urge you to support an impeachment investigation of Jay S. Bybee, who is now a federal judge on the 9th Circuit Court of Appeals, to determine what role he played while serving as Assistant Attorney General in the authorization of physical and mental abuse, and possible torture, of detainees.

I have read Judge Bybee's memorandum dated 8/1/2002 to Alberto Gonzales, then Counsel to the President, and there is no doubt in my mind that the memorandum is so wrong in so many ways that it could not possibly be the result of differing legal views, or even incompetence. The multiple distortions of court opinions and legal principles can only be explained by deliberate dishonesty.

The memorandum therefore appears to be the product of a deliberate and concerted effort to subvert and evade the laws of the United States and the obligations of the President under the Constitution. That this effort resulted in both the deaths and sufferings of many people is undisputed.

I do not know whether Judge Bybee committed a criminal act in submitting the memorandum to the President's counsel, but the circumstances surrounding the memorandum, combined with his current status as a federal judge, demand an investigation.